Laws of the People's Republic of China

Ministry of Commerce

Circular of the Ministry of Commerce on Printing and Distribution of the Specifications for the Application and Issuing of Temporary Textile Export License

Shang Pei Fa [2005] No. 707

Competent departments of commerce of all provinces, autonomous regions, municipalities directly under the Central Government, cities specifically designated in the state plan, key capital cities and Xinjiang Production and Construction Corps:

For the purposes of regulating the application and issuing of temporary textile export license, realizing the standardization, systematization and scientization of applying for and issuing Temporary Textile Export License, in accordance with Foreign Trade Law of the People's Republic of China, Temporary Measures on the Management of Textile Export License and Detailed Rules on Implementation of Tender Invitation for Textile Export Quantity, the Ministry of Commerce formulated the Specifications for the Application and Issuing of Temporary Textile Export License. It is hereby printed and distributed to you, and shall be implemented as of January 1 and the Specifications for the Application and Issuing of Temporary Textile Export License (trial) (Shang Pei Fa [2005] No. 376) shall be abolished simultaneously.

Ministry of Commerce

December 28, 2005

Specifications for the Application and Issuing of Temporary Textile Export License

Chapter I General Principles

Article 1

For the purposes of regulating the application and issuing of temporary textile export license, realizing the standardization, systematization and scientization of applying for and issuing Temporary Textile Export License, these specifications are hereby formulated in accordance with Foreign Trade Law of the People's Republic of China, Temporary Measures on the Management of Textile Export License and Detailed Rules on Implementation of Tender Invitation for Textile Export Quantity.

Article 2

Ministry of Commerce authorizes Quota License Bureau (hereinafter referred to as "License Bureau" to administer and guide uniformly all license-issuing organs of local competent commercial administrations (license-issuing organs in short below) to issue Temporary Textile Export License. License Bureau is accountable to Ministry of Commerce. All local competent commercial administrations are license-issuing organs for Temporary Textile Export License and are responsible for license issuing within the scope of their authorization under uniform administration, supervision, examination and guidance of License Bureau.

Article 3

The competent commercial administrations of all provinces, autonomous regions, municipalities directly under the Central Government, cities specifically designated in the state plan, Xinjiang Production and Construction Group and Harbin, Changchun, Shenyang, Nanjing, Wuhan, Chengdu, Guangzhou and Xian (hereinafter referred to as "local competent commercial administrations") are responsible for issuing Temporary Textile Export License for local foreign trade managers (including enterprises under the Central Government, "managers" in short below).

Managers should handle corresponding Temporary Textile Export License in local license-issuing organs before exporting the goods listed in Catalogue of Temporary Managed Commodities for Textile Export to European Union (Announcement No. 103 2005 of Ministry of Commerce, the General Administrations of the Customs and the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China), Catalogue of Temporary Managed Commodities for Textiles Exported to the USA( Announcements No. 87 and 104 of the Ministry of Commerce, the General Administration of the Customs and the General Administration of Quality Supervision, Inspection and Quarantine), Announcement No. 49, 2005 of the Ministry of Commerce and Announcement No. 82, 2004 of the General Administration of the Customs.

Article 4

License Bureau is responsible for supervising and examining the verification and issuing of Temporary Textile Export License of all license-issuing organs, monitoring and verifying the data of issuing Temporary Textile Export License and declaration at domestic and foreign customs, coordinating and dealing with related problems during issuing of Temporary Textile Export License, distinguishing between the true and false of Temporary Textile Export License if it is needed, investigating and punishing the activities that issue license against the regulations according to the authorization, providing clearance service for managers through customs' internet verification hotline.

Article 5

Temporary Textile Export License in terms of these specifications includes Export License for Textiles Exported to European Union£¨in quintuplicate, see Appendix 1£©, Origin Certificate for Textile Exported to European Union (in quadruplicate, see Appendix 2), Export License for Textiles Exported to the USA (in quintuplicate, see Appendix 3), Origin Certificate for Textiles Exported to the USA (in quadruplicate, see Appendix 4), Certificate for Handcraft Exported to European Union (in quintuplicate, see Appendix 5), Origin Certificate for Silk and Jute Products Exported to European Union (in quadruplicate, see Appendix 6), Origin Certificate for Silk and Jute Products Exported to Turkey (in quadruplicate, see Appendix 7), Origin Certificate for Textiles Exported to Turkey (in quadruplicate, see Appendix 8) and Temporary Textile Export License of the People's Republic of China (in quadruplicate, see Appendix 9, Temporary Textile Export License in short below).

Article 6

when managers export the goods listed in Catalogue of Temporary Managed Commodities for Textiles Exported to European Union, they should declare at China Customs with Temporary Textile Export License when they export the goods listed in Catalogue of Temporary Managed Commodities for Textiles Exported to European Union, declare at the customs in Europe with Export License for Textiles Exported to European Union and Origin Certificate for Textiles Exported to European Union. When managers export the commodities listed in the Catalogue of Temporary Managed Commodities for Textiles Exported to the USA, they should declare at the Customs of China with Temporary Textile Export License, declare at the customs of the USA with electronic data, and with Export License for Textiles Exported to the USA and Origin Certificate for Textiles Exported to the USA for check.

Managers should declare at the customs with corresponding certificate issued by license-issuing organs in accordance with Article 28 of these specifications when they export the commodities that are not listed in the Catalogue of Temporary Managed Commodities for Textiles Exported to European Union and Catalogue of Temporary Managed Commodities for Textiles Exported to the USA.

Article 7

Two-grade examination and verification system is carried out for issuing of Temporary Textile Export License.

Chapter II Acceptance and handling of Temporary Textile Export License

Article 8

All license-issuing organs should accept and handle the application and issuing of Temporary Textile Export License strictly in accordance with Temporary Measures on Management of Textile Export License, and accept the applications for Temporary Textile Export License submitted by the managers in writing or through internet.

Article 9

Following written materials are needed for both application through internet (submitted afterwards) and written application (submitted in advance) for Temporary Textile Export License:

1.

Application Form for Export License / Origin Certificate for Textiles Exported to European Union, Application Form for Origin Certificate for Textiles Export to European Union, Application Form for Certificate / Origin Certificate for Handcraft Exported to European Union, Application Form for Origin Certificate for Silk and Jute Products Exported to European Union, Application Form for Origin Certificate for Silk and Jute Exported to Turkey, Application Form for Origin Certificate for Textiles Exported to Turkey or Application Form for Export License / Origin Certificate for Textiles Exported to the USA and Application Form for Temporary Textile Export License ( above Application Forms in duplicate) Managers may download corresponding application form in the network of License Bureau and fill in it , print it and affix administrative official seal.

2.

Effective textile export contract (copy of the original).

3.

Except for above materials, the managers who make the application for the first time should also provide the copies of following materials:

(1)

Business License;

(2)

Record Registration Form of Foreign Trade Managers or Credentials of Import & Export Managers of the People's Republic of China affixed with managers' special seal for record registration. Foreign invested enterprises should provide Approval Certificate issued by examination and approval authority.

Managers should provide revised materials to local license-issuing organs in time if there is any change after the record.

Managers should be responsible for the truthfulness of the materials they provided and ensure their business activities accord with the provisions of national laws. License-issuing organs should inform the managers at one time to make revision or complement if they find there are any mistakes or lack of information in the materials.

Article 10

Applying for Temporary Textile Export License through inter-net

1.

Before applying for Temporary Textile Export License through inter-net, the managers should obtain electronic key used for identity authentication in license-issuing organ (The electronic key the managers have before used for obtaining license through inter-net applies to the application for Temporary Textile Export License).

2.

When applying for Temporary Textile Export License through inter-net, managers should enter the network of License Bureau, click inter-net application link for the enterprises and enter inter-net license application platform, and click "Application System of Temporary Textile Export License", fill in, save and report electronic data of the application form according to the content of export contract strictly according to the facts.

3.

Managers may revise or delete the electronic data of the application form that has not been submitted. If they need to revise the electronic data of the application form that has been submitted, they should submit cancellation application and inform license-issuing organ before the application is verified and approved. License-issuing organ should agree with the cancellation of the application form or return the electronic data after receiving the information.

4.

After submitting the electronic data of the Application Form, the managers may look up the result of inter-net preliminary examination made by license-issuing organs through the application system for Temporary Textile Export License. If the application does not pass the examination, the managers should submit it again after revising it according to the verification comments. Application Form for Temporary Textile Export License should be printed after it passes the re-examination.

Article 11

Written application for Temporary Textile Export License

Managers should submit the documents and materials required in Article 9 . The application form the managers submitted now should be the Application Form downloaded, printed and filled in by themselves and affixed with managers' administrative official seal.

Chapter III Examination and verification of Temporary Textile Export License

Article 12

Staffs of all license-issuing organs should strictly abide by inter-net operation rules, use their own user names and passwords to enter the application system for Temporary Textile Export License and examine and verify in time the applications submitted by managers through inter-net.

Article 13

Examination and verification of the application for Temporary Textile Export License through inter-net

To the applications that accord with the provisions of these specifications, the person concerned of all license-issuing organs should click "Be passed". To the applications that do not accord with the provisions of these specifications, "not be passed" should be clicked after detailed reasons are noted in the column of "Verification Comments" (see Appendix 10 for Specifications for the Content on the Pages of Export License for Textiles Exported to European Union, see Appendix 11 for Specification of the Content on the Page of Export License for Textiles Exported to the USA, and see Appendix 23 for Specifications for the Content on Pages of Temporary Textile Export License).

Article 14

Examination and verification of written application for Temporary Textile Export License

To the applications that do not accord with the provisions, the person concerned of all license-issuing organs should inform the managers in time at one time the reasons why they do not handle them. If there is any error that is not a key one or does not change the character of the application in the application materials and can be corrected on the spot, the applicants should be allowed to make correction on the spot. If the application materials are not complete or do not accord with legal form, all the content that need to be added or corrected should be informed to the applicants in time at one time.

Article 15

License-issuing organs should verify the content of the electronic data of Temporary Textile Export License issued on the same day, to the electronic data that is verified to be correct, click "confirmation and send out" immediately in order to send the electronic data abroad.

Chapter IV Issuing of Temporary Textile Export License

Article 16

To the key textile export ports that issue large amount of the license, corresponding license-issuing organs may consider to allow the export enterprises that satisfy the print requirements to print by themselves all kinds of textile certificates that have passed the verification by license-issuing organs (except for Temporary Textile Export license).

When the enterprises that print the certificate by themselves should submit well printed certificate and the materials required in Article 10 to license-issuing organs for examination, verification and sealing. License-issuing organs should administer strictly the blank certificate and the numbers of the certificate of the enterprises that print by themselves, make corresponding detailed operation rules, and submit the name, address and detailed operation rules of the enterprises that print the certificate by themselves to License Bureau for record.

Article 17

To the correct and complete applications, license-issuing organs should issue Temporary Textile Export License within 3 working days.

Article 18

Temporary Textile Export License is applied for by license obtaining person appointed by each manger and reported to license-issuing organs for record in principle.

License-obtaining persons who apply for Temporary Textile Export License through inter-net should obtain Temporary Textile Export License by the Application Form, their effective credentials and the documents to be provided requested in Article 10 . License-obtaining persons who make written applications for Temporary Textile Export License should obtain Temporary Textile Export License by second page of the Application Form and their effective credentials.

When the managers obtain the license, they should note the date of obtaining the license and sign their names on corresponding "Registration Form for Enterprises Obtaining the License".

Article 19

All license-issuing organs should issue Temporary Textile Export License on which a special seal for textile license is affixed after confirming the Application Form and other materials are correct as the content on the pages of the license.

Article 20

According to the provisions of Temporary Management Measures on Textile Export, "managers may be exempted from obtaining Export License for exporting the samples that the quantity of each lot is no more than 50 pieces (including 50 pieces, set, pair, kg or other commodity unit, excluding dozen, dozen pair, dozen set, quantity unit Ton). But to those that the customs of the import country request to declare at the customs by the license, the managers should apply for the license to license-issuing organs within the scope of the quantity that this enterprise may apply for."

According to the provisions of Memorandum of Understanding of China and the USA About Textiles and Clothing Trade, when the USA imports clothing from China, if it is subject to self-use non-retail products, no matter what the value is, and business-use samples with corresponding note and the amount is or less than 800 USD, the customs of the USA will not give any restrictions.

See corresponding documents of European Commission for European Union's regulation on samples.

Chapter V Handling of revision, return and loss of Temporary Textile Export License

Article 21

All license-issuing organs should not make any revisions on the pages of the application for Temporary Textile Export License that has been verified and approved. If there is any changed item, the original license should be cancelled and a new one should be issued.

Article 22

If the Temporary Textile Export License obtained by the managers need to be returned or changed, the managers must give back the Temporary Textile Export License to original license-issuing organs, download corresponding Application Form for retuning or changing the license through network of License Bureau, fill in the form and affix administrative official seal. The applicants who make the application through inter-net should also fill in the application for returning or changing the license and submit it on line, and license-issuing organs cancel or change it correspondingly in accordance with following regulations:

1.

Cancel the whole set of the certificates that have not been used. It applies to the circumstance that the whole set of the certificates have not been declared at the customs.

2.

Change Temporary Textile Export License. It applies to the changes of the columns except for the importers, consignor, country, quantity, total value and classification of the Temporary Textile Export License that has not been used under the circumstances that there is no change in the corresponding export license and origin certificate of the textiles exported to European Union and the USA (Certificate of Handcraft Exported to European Union).

3.

Change Export License and Origin Certificate for Textiles Exported to European Union or the USA independently. It applies to the circumstance that the export license and origin certificate for textiles exported to European Union or the USA are revised after the temporary export license has been declared at the customs and shipped out, The enterprise should submit the clearance form of Chinese customs and the application for cancellation and changes to the license-issuing organ. License-issuing organs should cancel the old license and issue a new one after verifying the electronic data that the enterprise has declared at the customs of China to be correct.

Article 23

If Temporary Textile Export License is lost, the managers should report immediately for loss in writing to original license-issuing organ and domestic declaration port indicated in the Temporary Textile Export License. Original license-issuing organ should cancel it at the receipt of loss report after verifying the electronic data of internal and external customs and confirming that the license concerned has not been declared at the customs.

Chapter VI Management of blank certificate, seal for the license and files of the license

Article 24

All license-issuing organs should calculate the quantity of blank certificate needed every year, fill in Subscription List for Blank Certificate according to the requirements (may download it in the inter-net) and report annual subscription quantity reasonably. All license-issuing organs should not borrow the blank certificate each other. If the blank certificate is not enough, they should make an application by filling in Subscription List for Blank Certificate 20 days in advance. They should pay attention to raise the rate of utilization and reduce loss when they use blank certificate.

Article 25

All license-issuing organs carry out the rules that special person is in charge of the management of blank certificate and the certificate seal under the lead of the director. Special cabinet and storehouse are used for uniformly taking good care of the blank certificate and the seal.

Article 26

The materials for the certificate that all license-issuing organs have placed on file must be complete. The materials may be filed according to the classifications of the license, the number or serial number of the license, or the printing date or other effective style, but only one style can be chosen from above so as to ensure the stabilization of the rules.

The materials that have been placed on files should be sealed up in special box (or bag) for safekeeping uniformly. The number of the certificate, classification of the license, the number of beginning and end, the date of beginning and end, total quantity and the name of the person concerned should be filled in the form on the special box (bag).

All license-issuing organs should place the certificates that they have issued on files in time, and put all certificate files of last year before the end of every March.

Article 27

Blank certificate, certificated seal and license files should be destroyed in accordance with relative regulations.

Chapter VII Others

Article 28

As for the application for the certificate for other textiles exported to European Union and Turkey, license-issuing organs should issue corresponding certificate by the export contract that the enterprises submitted (written application should be submitted in advance, inter-net application afterwards), corresponding application form (including the Application Form for Origin Certificate for the Textiles Exported to European Union, Application Form for Certificate / Origin Certificate for Handicraft Exported to European Union, Application Form for Origin Certificate for Silk and Jute Products Exported to European Union, Application Form for Origin Certificate for Silk and Jute Products Exported to Turkey and Application Form for Application for Silk and Jute Products Exported to Turkey) and the documents and materials:

1.

To Classification 2, 7, 20 and 39 of handicraft products that do not occupy the quantity of the license, the Certificate of Handicraft Exported to European Union, Origin Certificate for Textiles Exported to European Union and Temporary Textile Export License are issued. To 5H kind handicraft products (Appendix 9), only the Certificate for Handicraft Exported to European Union and Origin Certificate for Textiles Exported to European Union (5H should be noted in column 4 on the page of the license), and Temporary Textile Export License should not be issued.

2.

Origin Certificate for Textiles Exported to European Union and Temporary Textile Export License are issued according to OPT Certificate signed by European part;

3.

Origin Certificate for Textiles Exported to European Union is issued to the products outside the 10 classifications exported to European Union;

4.

Origin Certificate for Silk and Jute Products Exported to European Union is issued to silk and jute products exported to European Union;

5.

To all kinds of products exported to Turkey, Origin Certificate for Textiles Exported to Turkey and Origin Certificate for Silk and Jute Products Exported to Turkey are issued in accordance with original regulations.

6.

License-issuing organs should issue Temporary Textile Export License for the enterprises correspondingly by the Certificate for Handicraft Exported to European Union and OPT Certificate. The export of OPT is not brought into the enterprises' export achievements.

7.

To the textiles with origin certificate of other countries exported from the customs of China to the USA (the products listed in Catalogue of Temporary Managed Commodities for Textiles Exported to the USA), license-issuing organs issue corresponding Temporary Textile Export License by origin certificate and enterprises' application provided by the competent authority of the countries (regions) of origin, and report the Origin Certificate, the enterprises' application (copy) and the result of the settlement to the Ministry of Commerce for record every month. This part of export will not be brought into the enterprise's export achievements.

Article 29

Use and Management of Certificate and Certificate Seal

1.

Red seal (42mm in diameters) is used for issuing all kinds of certificates for export to European (Export License for Textiles Exported to European Union, Origin Certificate for Textiles Exported to European Union, Origin Certificate for Silk and Jute Products Exported to European Union, Certificate for Handicraft Exported to European Union), all kinds of certificates exported to the USA (Export License for Textiles Exported to the USA, Origin Certificate for Textiles Exported to the USA) and Temporary Textile Export License;

2.

Export License for Textiles Exported to European Union, Origin Certificate for Textiles Exported to European Union, and Temporary Textile Export License are used for issuing 115 classifications of European Union. Origin Certificate for Silk and Jute Products Exported to European Union is still used for silk and jute products exported to European Union outside 10 classifications. Red seal (42mm in diameters) is used;

3.

Former Origin Certificate for Textiles Exported to Turkey and Origin Certificate for Silk and Jute Products Exported to Turkey are still used for issuing the textiles and silk and jute products exported to Turkey, and former seal of European Union (blue, 60mm in diameters) is used.

Chapter VIII Supplementary Articles

Article 30

Temporary Textile Export License is carried out in the form of "one lot one license" and "one license one customs". "One lot one license" means Temporary Textile Export License is used once within the period of validity. "One license one customs" means Temporary Textile Export License can be declared at only one customs.

Article 31

Temporary Textile Export License must not be bought, sold, transferred, tampered, forged and changed.

Article 32

A set of export license and origin certificate for textiles exported to European Union and the USA may corresponds to more Temporary Textile Export License. Managers should apply for and obtain at one time. To the certificate that has not been obtained for over one month, license-issuing organs may recall and cancel it.

Article 33

License-issuing organs must examine export license for textiles exported to European Union and the USA and the names of exporter and consignor, total quantity, total sum and other key items of corresponding Temporary Export License and see whether they are the corresponding when making preliminary examination and re-examination.

Article 34

To solve the difference between the calculation unit of some goods listed in Catalogue for Temporary Managed Commodities for Textiles Exported to the USA and that of Chinese customs, "number, number of classification, quantity, unit, unit price and total value of the textile exported to the USA" are printed automatically by the system in the remarks column.

Article 35

Temporary Textile Export License is usually valid for six months within Gregorian calendar year and loses its efficacy at the time limit. Any manager who does not export within the period of validity may go to the original license-issuing organs to have his license extended. The extension is no more than three months and the validity should not exceed December 31 of this Gregorian calendar year. The old license should be cancelled and new one is issued for any extension.

Article 36

The application form (omit the form sample) relating to these specifications) can be downloaded from "Downloading of Relative Software" in the column of "Relative Business" in the main page of License Bureau's network of the Ministry of Commerce (http://www.licence.org.cn).

Article 37

The interpretation of these specifications is vested in the License Bureau.

Article 38

These specifications will go into effect on January 1, 2006. Specifications of the Application and Issuing of Temporary Textile Export License (provisional) are abolished simultaneously.

Appendix: (omitted)

1.

Export License for Textiles Exported to European Union

2.

Origin Certificate for Textiles Exported to European Union

3.

Export License for Textiles Exported to the USA

4.

Origin Certificate for Textiles Exported to the USA

5.

Certificate for the Handcraft Exported to European Union

6.

Origin Certificate for Silk and Jute Products Exported to European Union

7.

Origin Certificate for Silk and Jute Products Exported to Turkey

8.

Origin Certificate for Textiles Exported to Turkey

9.

Temporary Textile Export License of the People's Republic of China

10.

Specifications of the Content on the Pages of Export License for Textiles Exported to European Union

11.

Specifications for the Content on the Pages of Export License for Textiles Exported to the USA

12.

Specifications for the Content on the Pages of Temporary Textile Export License